Family of Tamir Rice awaits justice with pending wrongful death suit

Cuyahoga County Prosecutor Timothy J McGinty said the suit is the family's best chance at justice

Protesters demonstrate in New York City after the decision to clear two officers in the fatal police shooting of 12-year-old Tamir Rice. (Reuters/Eduardo Munoz)

The family of Tamir Rice is still waiting for justice.

A grand jury declined on Monday to bring charges against a Cleveland officer who fatally shot the 12-year-old boy who carrying an air soft gun — now after a judge's ruling, the family's wrongful death lawsuit is expected to move forward.

“Less than a second [and] my son is gone, and I want to know how long I have to wait for justice?" Samaria Rice, the boy's mother, said in May.

The Rice family filed a civil suit against the city of Cleveland and involved officers in December 2014 but the case was delayed by a district judge after the officers argued that being simultaneously tried in the suit would potentially incriminate themselves in the criminal investigation.

The family of Tamir Rice appears at a news conference in December 2014. Aaron Josefczyk/Reuters (Aaron Josefczyk/Reuters)

Cuyahoga County Prosecutor Timothy J McGinty said that the killing that “did not constitute criminal action by police.” He also said that the best chance the Rice family has at justice comes with their pending civil lawsuit.

“This decision does not mean the legal system is finished with this case,” he said. “In our country, we have parallel systems of justice, and the civil justice system may yet provide the Rice family with some of the accountability they deserve.”

The family's suit criticises the Cleveland police department for hiring Timothy Loehmann who was called unfit to be a police officer at his previous job. An official at the Independence Police Department previously said that Mr Loehmann, “could not follow simple directions, could not communicate clear thoughts nor recollections, and his handgun performance was dismal.”

The suit also claims that the responding officers “stood around and did not appear concerned” while the 12-year-old bled out. The youngster was finally administered aid four minutes later by an FBI agent who happened to be in the area.

“I don’t want my child to have died for nothing and I refuse to let his legacy or his name be ignored,” Ms Rice said in a statement after Monday's decision.

“As the video shows, Officer Loehmann shot my son in less than a second. All I wanted was someone to be held accountable.”